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IN RE COMPLAINT OF MESSINA

Docket No. 08-1224-cv.

574 F.3d 119 (2009)

In the Matter of the COMPLAINT of Kevin MESSINA, as Owner of the Wave Runner Sunset Runner, for Exoneration from and Limitation of Liability. Kevin Messina, Petitioner-Appellant, v. John A. White, Michael Murray, Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 31, 2009.

Attorney(s) appearing for the Case

James E. Forde, New York, N.Y. (Hill, Betts & Nash, New York, NY, on the brief), for Petitioner-Appellant.

Andrew S. Buzin, New York, N.Y. (Bradley S. Zimmerman, The Jacob D. Fuchsberg Law Firm, New York, NY, on the brief), for Claimaint-Appellee White.

Douglas Falch, White Plains, N.Y. (Penino & Moynihan, White Plains, NY, on the brief), for Claimaint-Appellee Murray.

Before KEARSE, SACK, and LIVINGSTON, Circuit Judges.

KEARSE, Circuit Judge:

Petitioner Kevin Messina appeals from a final judgment of the United States District Court for the Eastern District of New York, following a bench trial before Viktor V. Pohorelsky, Magistrate Judge, denying his petition under the Limitation of Liability Act, 46 U.S.C. §§ 30501-30512, for exoneration from, or limitation of, liability for any injuries to claimants John White and Michael Murray resulting from the allision of a...

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